The wheels of justice continue to squawk toward a July 15th trial in former Booker T Washington Academy Principal Peggy Petrilli's wrongful dismissal suit against Fayette County schools Superintendent Stu Silberman. At yesterday's hearing were plaintiff's attorneys J Dale Golden and Melissa Thompson. John McNeill sat for the defense.The rancor that characterized the early pre-trial hearings continued. But Judge James Ishmael has apparently abandoned any hopes of mollifying the lawyers with offers of milkshakes.
In yesterday's hearing, Ishmael dealt with Plaintiff's motion to strike certain defense witnesses, some of whom could not be located and one of whom didn't show up for the plaintiff's deposition. The judge discussed the possibility of a "show cause order" that could compel a witness to explain to the court why she shouldn't be held in contempt of court for blowing off her deposition.
The plaintiff's claimed that the defense has "violated two court orders" related to the production of information. Without directly addressing the claim, Ishmael told the defense to either "provide contact information" or "arrange for a deposition," within 48 hours - or by Wednesday June 3rd at 4pm.
McNeill repeatedly claimed the plaintiffs were fraudulent in presenting information to the court.
"Once again, as always, they come before the court and misstate what's in the record because they don't read the record...even what they are representing to you is false as it always is on these factual things - false. And knowingly false."
The personal animous continued throughout the hearing. Ishmael heard Golden renewed his call for disciplinary action against defense counsel John McNeill for misbehavior during a videotaped deposition.
Golden: There's one more issue we need to get into...about that depostion on Friday.McNeill: Judge, What, what...
Ishmael: Wait a minute, Mr McNeill.
Golden: And what happened was, and I was not there at that deposition. Melissa, who has been practicing a little over a year, was there and a clerk; a summer clerk from my office, who is a male clerk. He came in to ask me his responsibility to stand up for an attorney being attacked. And what I want to do, judge; I have already moved once during this proceeding for you to enter an order against Mr McNeill for his conduct.
McNeill: Where's that before the court?
Golden: Here's the last thing, judge.
McNeill: They're lying like they always do.
Golden: Now this "false" and "fradulent" and all that here, is multiplied times a hundred during the deposition. Everybody in that room was in fear of physical attack; of being hostile and abusive. And I want; it's all on videotape, judge. And I do want you; I'm asking you; now if it's me, fine. That's fine. But when it's one of my young associates, judge, I have an obligation. And I want to give you that videotape. I've called that court reporter to inquire about getting that very quickly. And I'm positive that it was way over the line, extremely abusive, and i would like you to see that, judge. And I've got to defend my young attorneys. I'm going to ask the court to do something about it.
Ishmael: Well, ummm.
McNeill: (deep sigh into the court microphone)
Ishmael: Well, uh, I'm in business. And if you have a motion to file with supporting documentation, I'm here.
Golden zeroed in on the "whistleblower" aspect of the plaintiff's case with regard to the testimony of the school counselor. The judge had previously restricted testimony on matters after August 27th 2007, since anything past that point would not be germane to the question of Petrilli's resignation/dismissal.
At issue was whether Mr. Adams, the school counselor, had heard any comments from Silberman or other school officials that if it were not for her action to remove the Clark's child from the school, she wouldn't be in this situation. But Adams was prohibited from testifying about anything he had heard during the investigation by board attorney Brenda Allen.
McNeill stated:
[Adams] indicated that he had heard comments to the effect that had Ms. Petrilli not messed with the Clarks, this may not all have happened. That was in his conversations with Ms Weinberg and Ms McCauley
Thompson said that Adams had testified that he offered that opinion to Ms Weinberg and Ms McCauley.
The next question was, "Who did you originally hear that from?" At that point he was advised that , if he heard that during the course of any legal proceedings, or the investigation, that he would not be premitted to answer. And at that time Mr. Adams said that he could not answer the question.
Mr Golden stated:
Now if Stu Silberman or some other agent for the board of education made that statement, then certainly, that is relevant ande discoverable and goes to the heart of the issue.
McNeill countered:
Mr Adams testified that he had talked to Petrilli in that regard...He said, yeah, I talked to Peggy Petrilli about this. I asked her, 'How come you're doing this? Because as a practical matter, the kid's going to be able to stay at Booker T Washington anyway.' ... But Petrilli, because we already know that she had nefariously had these parents...surveilled, ...went ahead and did it anyway. ...She's admitted to [former Director Bob] McLaughlin, her mentor - and this is in the record - that she said if I hadn't messed with the Clarks none of this would have happened.
Thompson added,
Mr Adams was specifically asked whether he had heard that comment outside the
context of the investigation and he had not...which only leaves one other alternative.
Judge Ishmael stated that he was "sensitive to statements against interest" and he directed McNeill as the board attorney, to pose a question to Mr Adams, under oath, that will be filed under seal so that the judge could decide if it's discoverable or relevant under the plaintiff's whistleblower claim.
The judge's question for Adams:
Did you personally hear from any board representative at any time, in substance, that if Ms Petrilli had not turned in the Clarks that she would still be principal of Booker T Washington Academy? If so, when and from whom?
It was clarified during the hearing that four witnesses [Wigginton (which I assume to be former Lexington city councilman Jacques Wigginton), Beatty-Adams, Thomas and FCPS spokesperson Lisa Deffendall] would not be called.
What Next?
June 15: Plaintiff's Response
June 18 at 1:30 pm: Hearing on Motion for Summary Judgment
July 15, 16, 20, 21, 22 & 23: Trial
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